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SPEIGNER v. ALEXANDER

No. 00-13616.

248 F.3d 1292 (2001)

Marvin K. SPEIGNER, Jr., retired, Plaintiff-Appellant, v. Willie A. ALEXANDER, Major General, Alabama Army National Guard, The Adjutant General, Clyde A. Hennies, Major General, former Adjutant General, Alabama Army National Guard, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Decided April 24, 2001.

Attorney(s) appearing for the Case

James Doyle Fuller, Montgomery, AL, for Plaintiff-Appellant.

Margaret L. Fleming, John J. Park, Jr., Montgomery, AL, for Defendants-Appellees.

Before BIRCH and HULL, Circuit Judges, and TIDWELL, District Judge.

BIRCH, Circuit Judge:

In this opinion, we decide whether a suit for injunctive relief based on a personnel decision can be brought against the Alabama National Guard ("Alabama Guard"). The district court dismissed the claim as nonjusticiable. We AFFIRM.

I. BACKGROUND

Plaintiff-Appellant Marvin K. Speigner, Jr., a white male, was removed from the Alabama Guard after 25 years of service. He had reached the...

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